Administrative procedure and administrative justice
Administrative procedure
Act No. 500/2004 Sb., the Code of Administrative Procedure, applies when an administrative body decides on rights or duties. Core principles include legality, proportionality, protection of good faith, equality, free evaluation of evidence and the duty to inform. A decision must be in writing, contain reasoning and be delivered. The authority must decide without undue delay and, unless a special law sets another period, within 60 days. An appeal (odvolání) lies within 15 days to the superior authority; it generally has suspensive effect. Other remedies are review (přezkum), renewal (obnova řízení) and measures against inaction.
Administrative justice
Act No. 150/2002 Sb., the Code of Administrative Justice, provides judicial review. Regional courts decide at first instance; the Supreme Administrative Court (Nejvyšší správní soud) hears cassation complaints. An action against a decision must be filed within two months of notification. The claimant must show that the decision infringed his or her rights. The court may annul the decision and remit it, or dismiss the action. Actions also lie against unlawful interference and against inaction.
Worked example
A decision is delivered on Monday 3 March. The 15-day appeal period starts on 4 March and ends on 18 March. If 18 March is a Saturday, the deadline moves to the next working day. If the appeal is rejected, the applicant may file a court action within two months of the appellate decision. Filing an appeal does not require a lawyer, but a court action generally does.
Traps
Do not confuse appeal with judicial review; they are different stages with different time limits. Do not assume a court action automatically suspends the decision; suspension must be requested and granted. Remember that the 60-day decision period is a general rule, not a universal one; special laws may set different periods. Do not miss the difference between a decision and a measure of a general nature.